Land Divisions and Community Title Applications

First things first, you will need to contact a Surveyor who will do the most expensive and time consuming part of the Land Division process.  They will Survey the property, arrange for Development Assessment Commission (DAC), Council, SA Water and ETSA approvals.  Once they have received these approvals and paid their required fees, they will lodge a copy of the Plans at the Lands Titles Office.

Then we come into the picture.  We prepare an Application for the Land Division or Community Title, get you to sign the Application.  This Application applies to the Lands Titles Office to divide the property and instructs them how to prepare the new Certificates of Title and how the Mortgages will fall on each Title. 

Then if you have a Mortgage or Encumbrance on the Title the Application needs to go to the Bank and Developer for their consent.  This is usually the longest process for us as some of the Banks can be quite slow if the documents need to go interstate for consent, but we try our best to push our documents through.

We Stamp the Application with Revenue SA – although there is usually no Stamp Duty to pay, unless you are consolidating a piece of someone elses’ land with your property.  Then Stamp Duties will need to assess what they think that piece changing hands is worth and will charge Stamp Duty on their opinion of the value.

Once we have the Banks consent (and Encumbrance consent if required), we can then contact your Bank and book a time to meet them at the Lands Titles Office to collect the Certificate of Title from them. When we have the Certificate of Title from the Bank, we can then lodge the Application at the Lands Titles Office for their approval.

What most people don’t know is that the Lands Titles Office approve a Land Division in two stages.  First the Plans which the Surveyor gives them gets approval, then the file will move over to the documentation department for the Application to be checked and approved.  Finally the Lands Titles Office will give their final consent and will issue a Notice of Deposit of Land Division which we forward to you for your records.

When the new Titles are printed they will be given by the Lands Titles Office direct to your Bank to hold as security on your Mortgage.  But if you are lucky enough not to have a Mortgage the new Titles will come back to us and we will then be in contact with you.